South Carolina General Assembly
113th Session, 1999-2000

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Bill 856


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      856
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990525
Primary Sponsor:                  McConnell
All Sponsors:                     McConnell, Mescher
Drafted Document Number:          l:\council\bills\nbd\11412jm99.doc
Residing Body:                    Senate
Current Committee:                Banking and Insurance Committee 02 SBI
Subject:                          Health maintenance organization, 
                                  enrollee, civil actions for damages when 
                                  services not paid but covered, Insurance


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000601  Co-Sponsor added by Senator                    Mescher
Senate  19990525  Introduced, read first time,           02 SBI
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-33-85 SO AS TO ENDOW AN ENROLLEE OF A HEALTH MAINTENANCE ORGANIZATION WITH THE RIGHT TO INSTITUTE AND MAINTAIN A CIVIL ACTION FOR DAMAGES, OR AN ACTION FOR DECLARATORY AND INJUNCTIVE RELIEF, OR BOTH SUCH ACTIONS, AGAINST HIS HEALTH MAINTENANCE ORGANIZATION FOR THE LATTER'S DENIAL OF, OR REFUSAL TO ALLOW, TREATMENT OR PAYMENT, OR BOTH, WITH RESPECT TO SERVICES OR COVERAGE INCLUDED IN THE EVIDENCE OF COVERAGE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 38-33-85. Notwithstanding any other provision of law, an enrollee of a health maintenance organization subject to the provisions of this chapter shall be allowed to institute and maintain a civil action for damages, or an action for declaratory and injunctive relief, or both such actions, in a court of competent jurisdiction of this State against his health maintenance organization for the latter's denial of, or refusal to allow, treatment or payment, or both, with respect to services or coverage included in the evidence of coverage, as the latter term is defined in Section 38-33-20(5). Any provision to the contrary contained in the evidence of coverage shall be deemed null and void and of no effect whatever."

SECTION 2. This act takes effect upon approval by the Governor.

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